SUSPENSION OF TERMS
According to the recent Act on Measures and Actions during the state of emergency, declared with decision by the Bulgarian National Assembly on 13th March 2020, during the period between 13th March 2020 and the official revocation of the state of emergency the following terms are suspended:
a/. procedural terms for court, arbitral and enforcement proceedings, with the exception of the terms for criminal proceedings, proceedings under the Extradition and European Arrest Warrant Act and proceedings concerning coercive measures;
b/. limitation periods and other terms, stipulated in statutory legal acts, by the virtue of whose expiration rights of private law subjects are lapsed or terminated or obligations for the latter are imposed, with the exception of the terms under the Criminal Code and the Administrative Violations and Sanctions Act;
c/. terms for executing instructions, given by an administrative authority to parties or participants in proceedings, with the exception of proceedings under the Management of Funding from the European Structural and Investment Funds Act;
d./ terms under the Anti-corruption and Forfeiture of Illegally Acquired Assets Act, related to:
• submission of declarations by public officials and verification of those declarations and the property status, declared therein;
• proceedings for establishing conflict of interests;
• proceedings concerning establishing illegally acquired property;
• proceedings concerning the order for admitting security measures, related to forfeiture of illegally acquired property proceedings, actions taken due to those security measures and the court proceedings for the actual forfeiture in favour of the State;
with the exception of the term under Art. 38, para. 2, section 2, concerning the annual declaration of property and interests for the previous calendar year – until 15th May.
e./ terms for submission of declarations by the judges, prosecutors and investigators of property and conflict of interest under Art. 175c, paras. 1-3 Judiciary System Act, with exception of the term under Art. 175c, para. 1, section 2, concerning the annual declaration for the previous calendar year – until 15th May.
MEASURES CONCERNING ONGOING COURT PROCEEDINGS
1. Suspension of some court hearings
During the period from 16th March until 13th April 2020 no hearings of criminal, civil, commercial and administrative proceedings would be held, with the following exceptions:
A./ Criminal proceedings:
• Under Arts. 64, 65, 66 of the Criminal Procedure Code /hereafter: CPC/ - coercive measures; Art. 67 CPC - prohibition to approach a victim; Art. 69 – removal of defendant from office; Art. 70 CPC – involuntary placement in mental health hospital; Art. 222, 223 CPC – interrogation of the defendant/witness before a judge; Art. 270 Criminal Code – crimes against governmental order; Art. 355 Criminal Code – crimes concerning violation of regulation issued against the spreading of contagious disease; Art. 427 CPC – compulsory medical measures;
• Connected to procedural actions under Art. 146 CPC – taking samples for comparative examination; Art. 158 CPC – inspection of a person; Art. 161 CPC – search and seizure; Art. 164 CPC – perquisition; Art. 165 CPC – interception and seizure of correspondence;
• Under Art. 72 CPC – measures for securing fine and forfeiture in favour of the State; Art. 73 CPC – measures for securing a civil claim;
• Under Chapter II of the Health Act; under the Extradition and European Arrest Warrant Act for requests by the arrested or transfer of people; under Art. 7 of the Bulgarian decree on combating minor hooliganism – appeals against imposed punishments; requests under the Special Investigation Units Act and under Art. 159a CPC for giving information by telecommunication companies.
B/. Civil and commercial proceedings
• For exercising parental rights related to interim measures;
• Under the Protection Against Domestic Violence Act - only related to order for immediate protection or its amendment, as well as in cases, regarding rejections of requests for protection;
• Permission to withdraw money from child’s bank deposits;
• Securing a future claim/or submitted claim; securing evidence;
• Requests under the Electronic Communications Act and under Art. 19, para. 6, in connection to Art. 5 of Commercial Register and Register of Non-profit Legal Entities Act, in connection to Art. 536 of Code of Civil Procedure.
C/. Administrative proceedings
• Concerning appeal against orders for permission or rejection of interim execution of an administrative act or suspension of interim execution;
• Concerning disclosure by the court of tax or social insurance information and proceedings for suspension of the execution of an audit act;
• Concerning appeal against the legality of detention by the police under the Ministry of Internal Affairs Act;
• Securing a future claim/or submitted claims;
• Securing evidence;
2. Rescheduling court hearings
All other hearings, falling outside the scope of the exceptions in Chapter 1, would be scheduled for dates, following the period after 13th April, but before the beginning of the judicial vacation, starting on 15th July.
3. Suspension of serving summons and other court documents
No notifications, summons, messages or other documents should be served during the state of emergency, with the exception of those related to the proceedings abovementioned in A/., B/. and C/. for the period the state of emergency has been declared for, i.e. from 16th March until 13th April 2020 inclusive.
All notifications and messages, concerning the proceedings in A/., B/. and C/., would be served by telephone or via e-mail.
For example, Sofia City Court, has ordered all requests for securing a future claim, submitted claims or evidence and requests under Art. 536 of Civil Procedure Code (protective procedures) to lead to initiation of proceedings, provided that they have been lodged in the court in paper and have been signed by the requesting party.
Sofia City Court has also established an order for receiving court rulings, concerning security procedures as well as distraint orders – starting from 17th March until 13th April 2020 inclusive, as the receipt is permitted only in certain hours, i.e. from 10:30h. until 15:30h.
4. Changes in the organization of the courts due to the state of emergency, declared on the territory of Bulgaria
Each court issues orders for the regulation of its working organisation during the state of emergency, declared on the territory of Bulgaria, as it operates in accordance with rules, set by their governing bodies, those rules being in conformity with the Supreme Judicial Council’s decision from 15.03.2020, taken during an extraordinary meeting of the Council.
The following changes in the organisation of the courts are made:
• the initiation of court proceedings is suspended, with the exception of the proceedings, stated hereinabove in A/., B/. and C/.;
• lodging all types of documents in the court shall be made only by post or via e-mail (as per the rules of Sofia City Court), with the exception of documents related to security procedures – only by post;
• certificates showing no previous convictions are issued only via e-mail;
• the access to the court buildings is forbidden for citizens, parties, expert witnesses, translators, lawyers and all other individuals, with the exception of the subpoenaed parties to the abovementioned proceedings in /A/., B/. and C/.
EXTENSION OF TERMS
As of the revocation of the state of emergency the following terms would be extended with one month:
a./ terms, stipulated by the law, with the exception of those mentioned above in the Chapter “Suspension of terms”, which expire during the state of emergency and are related to exercise of rights or fulfilment of obligations by private persons and entities;
b./ the effect of administrative acts which is limited in time and expires during the state of emergency.
PENDING ENFORCEMENT PROCEEDINGS
1. Suspension of public sales and entries into possession
All announced public sales and entries into possession by public and private enforcement agents are suspended. After the revocation of the state of emergency all postponed public sales and entries into possession should be scheduled for a new date, nevertheless no new fees and charges would be due.
2. Restrictions on distraints
During the state of emergency distraints on bank accounts of natural persons and bank accounts of medical establishments, distraints on labour remunerations and pensions, interim measures on medical apparatuses and equipment cannot be imposed.
3. Restrictions on property inventory
Property inventory of movable and immovable property, owned by natural persons, is not allowed, with the exception of the following cases: when it concerns maintenance obligations, claims for damages or employment remuneration.
NB! The Article, regulating the abovementioned suspension and restrictions in p. 1, 2 and 3, comes into force from the day of the promulgation of the Act in the Official Gazzette and is enforceable until the official revocation of the state of emergency.
